Chapter 6
Hong Kong's present legal system for protecting patents
Conv
have
appli appli
Forr
Introduction
6.1.
Legal aspects of the protection of patents in Hong Kong, and the advantages and inadequacies of the present system are examined in this chapter.
6.2.
Hong Kong patent law has always been dependent upon United Kingdom patent law. Patent protection in Hong Kong is obtained by patenting the invention in the United Kingdom, either directly or through the European Patent Office, and then registering the patent in Hong Kong within five years of its grant. Once registered the patent has effect in Hong Kong for so long as it remains in force in the United Kingdom.
Hong Kong's existing patent system
6.3.
The present system of registering patents in Hong Kong is contained in the Registration of Patents Ordinance (Chapter 42), the Registration of Patents Rules 1979 and the Registration of Patents (Fees) Rules 1985. The Registrar of Patents appointed by the Governor for the purposes of the Ordinance is the Director of Intellectual Property. The Hong Kong Patents Registry which is part of the Intellectual Property Department administers the present system.
6.4.
The Ordinance was first enacted in 1932 and has been revised several times; the last revision was made in 1979 to take into account the provisions of the United Kingdom Patents Act 1977 which implemented the Convention on the Grant of European Patents 1973 (European Patent Convention) and introduced into the United Kingdom patent system the European patent designating the United Kingdom.
6.5.
6.6.
The Ordinance provides for the registration of:
(a)
(b)
United Kingdom patents granted under the Patents Act 1949 and the Patents Act 1977. Although the 1977 Act repealed the 1949 Act, patents granted under the 1949 Act may still be in force in Hong Kong ; and
European patents designating the United Kingdom (European patent (UK)), granted by the European Patent Office under the European Patent Convention, which have effect in the United Kingdom pursuant to the Patents Act 1977.
The Ordinance provides that the grantee of a United Kingdom patent or a European patent (UK), or any person deriving his rights from the grantee, may apply within five years from the date of grant of the patent to have it registered in Hong Kong. Any claim to the priority of an earlier application, filed in a country that is party to the Paris
48
6.7.
Euro
The
6.8
the
reg
Go
enc
En
6.5
the
It
rer
for
Pa
ex
6.
68
ac
the
riş
6.
6 29 € S
p2
te
th
th
Page 120Page 121